Australia Law

Have Australian law questions? Ask a lawyer now.

Connect one-on-one with {0} who will answer your question

Hi, We are a small Australian niche manufacturer. We also…

Customer Question

Hi, We are a small Australian...

Hi,
We are a small Australian niche manufacturer. We also have a retail outlet. A local retail competitor, sourced a copycat of our signature product. The copy labelled as Australian made, in another state. We purchased the competitors product for our own research purposes - wanting to know exactly what we were up against. Recently this competitor has been selling the same product ( we have a before and after samples with the different labels) under a new label. Same maker name but now claims locally produced and is selling the product as produced in the same locality as our product. Obviously, this product now directly competes with ours. We have gone to great lengths to find out who is manufacturing the product, as all the industry professionals who have examined the product believe like us that this product is not made locally or even in Australia. The only evidence we have of this conclusion is the nature of the product and manufacturing techniques used.
My question is how can we demand proof of origin from our competitor. The ACCC whom we have contacted are not interested, while taking note of our complaint, will not investigate because the complaint comes from a competitor.
Thanks,
Hazza.

Submitted: 9 years ago.Category: Australia Law

Show Less

Ask Your Own Australia Law Question

Answered in 6 minutes by:

11/24/2013

Solicitor: Leon, Solicitor replied 9 years ago

Leon, Solicitor

Category: Australia Law

Satisfied Customers: 52,733

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Verified

Good Afternoon

My name is Leon and I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.

They are acting in a way that is false and misleading and you have evidence of that with the changing of the labels.

Have you complained to the ACCC about this or only about finding out where they have it manufactured?

Customer reply replied 9 years ago

I have lodged a complaint with the ACCC but while noting my complaint they will not take any action as I am a competitor, and the only complainant. I guess my question should have been what can I do now?

Solicitor: Leon, Solicitor replied 9 years ago

Good Afternoon Hazza

Do you have exclusive rights to the product? Is there a possibility that they may be breaching copyright or trademark?

Customer reply replied 9 years ago

As far as we are aware that do not impinge on our registered trademark. The product is a copy, and it is a product that was invented 4000 years ago, it is a common item. I don't want to mention the product type as it will identify us, as we are quite well known. Our origin of product and materials is a compelling sales trigger, which we are pretty sure is being unfairly impacted with a false and misleadingly labelled competitive product.

Solicitor: Leon, Solicitor replied 9 years ago

Good Morning Hazza

If the ACCC will not do anything you may have to bring an action in the courts for misleading and deceptive conduct.

Show how that conduct is impacting on your sales and that is it misleading to the public.

You will need to have your own solicitor to proceed on this.

The Law Society of Tasmania can refer you to a commercial lawyer that can assist.

This is your only choice.

You have to show losses and also that their packaging is misleading the public.

Does this make sense?

Customer reply replied 9 years ago

Not good news is it? Proving personal losses is impossible - it could only be based on what amounts of mislabelled product they have sold, I think. Do you think a lawyer working on our behalf could lodge an injunction or similar for proof of origin to be provided?

Solicitor: Leon, Solicitor replied 9 years ago

Good Evening Hazza,

It is going to be hard but this is all you can do.

If they are selling 1 that is misleading that is enough. If they advertise the items this will also be in your favour if they are misleading the public.

They could lodge an injunction to stop them selling but you need to act quickly. If you delay then the injunction may be dismissed because you did nothing initially and allowed the activity to keep going.

Does this make sense?

Was this answer helpful?

Yes

How JustAnswer works

Describe your issueThe assistant will guide you

Chat 1:1 with a solicitorLicensed Experts are available 24/7

100% satisfaction guaranteeGet all the answers you need

Related Australia Law Questions

Seeking advice on product safety requirements/standards &

Seeking advice on product safety requirements/standards & warning labels etc required to see specific electrical goods in Australia … read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

I purchased a TV from Harvey Norman, within 24 hrs a small

Good Morning, I purchased a TV from Harvey Norman, within 24 hrs a small fault on the screen developed upon inspecting the light I touched the screen resulting and a large crack formed I was told by t… read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

I am about to enter into a product royalty negotiation and

I am about to enter into a product royalty negotiation and am looking for guidance on industry standards including basis of payments, guarantees, tax liabilities etc. … read more

John Melis

Lawyer

Bachelor's Degree

35,824 satisfied customers

Hello, I would like to establish a small company in Sydney

Hello, I would like to establish a small company in Sydney manufacturing cosmetic products, all made from 100% Australian organic products. My question is what should I do? What are the procedures tha… read more

James D. Ford

Solicitor

1,600 satisfied customers

Good Morning,I work in a manufacturing company that produces

Good Morning, I work in a manufacturing company that produces a product that has its formula registered/copyright/patented. This product is our major differentiator to our competitors and is pivotal t… read more

James D. Ford

Solicitor

1,600 satisfied customers

Are we required to join any organization in order to operate

Are we required to join any organization in order to operate a direct sales business where people will do in home presentations purchasing the products wholesale… read more

James D. Ford

Solicitor

1,600 satisfied customers

Hi, I am about to establish a brand of sporting equipment

Hi, I am about to establish a brand of sporting equipment which will have the letters USA in the brand name except the product is not manufactured in America. One of our existing suppliers has these l… read more

Patrick H.

Lawyer

5,422 satisfied customers

i would like to open an adult shop online (toys only ) no dvds

i would like to open an adult shop online (toys only ) no dvds or mags ect: what are the laws involving this in australia , queensland and where can i find legal documents that cover the legistation a… read more

Leon

Solicitor

52,733 satisfied customers

ACCC question: I am a small business owner operating in

ACCC question: I am a small business owner operating in 3 states that offers health products at prices significantly lower than my competitors. I still make a profit, but much less per parient than th… read more

Brisbane-Lawyer

Lawyer & Solicitor

Master

14,357 satisfied customers

I read the following and have a question regarding this: It

I read the following and have a question regarding this: It was recently mentioned by the ACCC (Australian Competition and Consumer Commission) that some online retailers are having difficulties with … read more

Patrick H.

Lawyer

5,422 satisfied customers

Hi Cher, I need to find out what the Law is in Australian for

Hi Cher, I need to find out what the Law is in Australian for sterling silver, is it legal to sell silver PLATED Jewelry at the markets in Australia and telling people that it is silver plated and hav… read more

Patrick H.

Lawyer

5,422 satisfied customers

Hello. i am currently the exclusive distributor of a product

Hello. i am currently the exclusive distributor of a product which is manufactured in the UK. I have recently discovered that someone else is parallel importing the same product from a reseller in the… read more

Leon

Solicitor

52,733 satisfied customers

Hi, what legal protection do i need if i am importing a product

Hi, what legal protection do i need if i am importing a product from overseas and bring it here to the Australian market to relabel it as my own product and sell? If there is a defect in the product w… read more

Patrick H.

Lawyer

5,422 satisfied customers

Should imported machinery be stamped on a nameplate, indicating

Should imported machinery be stamped on a nameplate, indicating its Country Of Origin? The actual product I'm interested in is industrial electric motors. Many thanks, John… read more

Leon

Solicitor

52,733 satisfied customers

Hello, I have begun an online business giving people great

Hello, I have begun an online business giving people great rates for shoes in Australia. These shoes are grey imports - just overseas authentic products that can be sourced far cheaper than locally. I… read more

Leon

Solicitor

52,733 satisfied customers

I am confused as to wether I can or cant use an image in a

I am confused as to wether I can or can't use an image in a product catalogue I am currently creating. The image in question is of a motor vehicle that contains the items I sell as spare parts. These … read more

Maurice

Lawyer

Master's Degree

1,980 satisfied customers

We are a small and growing business located in Australia. We

We are a small and growing business located in Australia. We feel that we may be under threat from predatory pricing from a major international competitor that once dominated our marketplace. We have … read more

Maurice

Lawyer

Master's Degree

1,980 satisfied customers

Hi, I am looking at starting my own business in NSW and I am

Hi, I am looking at starting my own business in NSW and I am looking at importing some beauty products as they are much cheaper for me to get from overseas. Some are very well know brands that are alr… read more

Maurice

Lawyer

Master's Degree

1,980 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer ar Show Less

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.

JustAnswer in the News:

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

John Melis

Lawyer

35,824 satisfied customers

Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts

Leon

Solicitor

52,733 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Solicitor

7,683 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

Patrick H.

Lawyer

5,422 satisfied customers

Dip Law LPAB - Sydney based lawyer

James D. Ford

Solicitor

1,600 satisfied customers

Lawyer | Founder & CEO at Blue Ocean Law Group

< Previous | Next >

Show MoreShow Less